It is possible to apply for a work visa to Kyrgyzstan if a foreigner has found a job in Kyrgyzstan and received a work permit.
What are the categories of work visas for Kyrgyzstan?
1. An employment visa ("W1") is issued to an applicant for a work permit or self-employment. This type of visa allows the applicant to enter the Kyrgyz Republic for up to 90 days without a work permit and a permit for individual entrepreneurship. After obtaining a work permit, the Consular Service or the Ministry of Foreign Affairs representative office in the territory of the Kyrgyz Republic issues a multiple-entry work visa ("W1") to the applicant for the period of validity of the work permit.
2. An employment visa ("W2") is issued to applicants for whom a different procedure for employment (without obtaining a work permit) is established for up to 90 days (by the Law of the Kyrgyz Republic "On External Labor Migration"). A work visa ("W2") can be renewed annually on the territory of the Kyrgyz Republic by the Consular Service or the representative office of the Ministry of Foreign Affairs in the territory of the Kyrgyz Republic based on a certificate from an authorized state body in the field of migration or accreditation. (for journalists and correspondents).
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What documents are required to obtain a work visa?
- passport
- invitation letter from the employer
- a copy of the charter of the inviting organization
- certificate from the tax service on the absence of debts
- insurance certificate
- a copy of the work quota
- a copy of the work permit
Registration of foreign citizens and stateless persons who arrived in the Kyrgyz Republic for work or private business activity is carried out for the period of validity of a work visa, and foreign citizens with visa-free registration – for the period of validity of a work visa, employment contract or work permit, issued by an authorized body in the field of migration (or for one year, if the entrepreneurial activity is carried out by citizens of member states of the Eurasian Economic Union).
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The following documents are submitted for registration:
- application of a foreign citizen or stateless person;
- a request letter from the receiving party. The receiving party can be citizens of the Kyrgyz Republic, foreign citizens and stateless persons who have a permanent residence permit, or legal entities;
- passport of a foreign citizen or a stateless person or another identity document, unless otherwise stipulated by international treaties to which the Kyrgyz Republic is a party, with a valid visa and its copies;
- power of attorney on behalf of a legal entity or individual, if a representative submits the request;
- passport of a foreign citizen or a stateless person or another identity document with a valid visa and its copies, unless otherwise stipulated by international treaties to which the Kyrgyz Republic is a party;
- a work permit issued by an authorized body in the field of migration for citizens of countries with which the visa-free regime operates (except for citizens of member states of the Eurasian Economic Union), as well as a copy of the permit;
- employment contract or certificate of registration of an individual entrepreneur and notarized copies for citizens of member states of the Eurasian Economic Union;
- a passport of a citizen of the Kyrgyz Republic, a permanent residence permit of a foreigner or a stateless person acting as the receiving party, and its copies;
- a receipt confirming the payment of the state duty.
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Work permit in Kyrgyzstan
Any person who wants to work in Uzbekistan needs a work permit. It is the employer's responsibility to take care of obtaining a work permit for the employee.
Work permits for workers are usually valid for a year. If the workers are qualified, the work permit is valid for two years. For foreigners who are registered as entrepreneurs, the work permit is valid for up to three years.
Who issues work permits to foreigners and stateless persons?
The State Migration Service under the Government of the Kyrgyz Republic ("Migration Service") is an authorized state body that issues employment permits to foreigners and stateless persons who wish to work in the Kyrgyz Republic.
The Migration Service issues two types of work permits:
- Permission to hire and employ foreign workers. This document entitles legal entities and individuals to work in the Kyrgyz Republic.
- ("Employment Permit") and work permit (in the form of a card) allowing foreigners or stateless persons to work in the Kyrgyz Republic ("Work Permit").
- The list of documents required for obtaining an employment permit and a work permit is established by the Migration Service. The current list of documents is available on the official website of the Migration Service.
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Applications for Employment Permit and Work Permit can be submitted electronically or in printed form.
Note that the government sets annual quotas for hiring foreign and non-citizen workers, which vary by industry and region.
The government approves these figures annually, so they often change from year to year.
The foreign labor quota provided for in the employment permit may be canceled if it is not used within three months of issuance.
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Who must obtain a work permit?
Kyrgyz natural or legal entities planning to hire foreign workers must obtain an employment permit before hiring foreign and stateless persons.
Foreigners and stateless persons (who have reached the age of 18) who have legally entered the territory of the Kyrgyz Republic and plan to work or conduct business in the Kyrgyz Republic must apply for a work permit.
In what cases can permits be refused or revoked?
Applications for work permits may be denied, and valid work permits may be revoked if:
- relevant local specialists become available for hiring in the domestic market;
- the data provided in the application turned out to be unreliable;
- dismissal of employees or termination of economic activity of the employer in the Kyrgyz Republic;
- illegal actions are committed.
Decisions on the permit's refusal, cancellation, and suspension can be appealed before the court.
If the employer violates the procedure for hiring and employing foreign workers, the authorities of the migration service issue a warning to the employer with a demand to eliminate the identified violations. The migration service may suspend or cancel the employment permit if the violations persist.
In the event of termination of the employer's activity, the employment and work permits lose their validity, regardless of the period for which they were issued, and are subject to return.
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Who is exempt from the requirement to obtain a work permit?
According to the legislation of Kyrgyzstan, the requirement to obtain a work permit does not apply to the following persons:
- Persons who have official refugee status or political asylum in the Kyrgyz Republic;
Permanent residents of the Kyrgyz Republic;
- Persons who travel to the Kyrgyz Republic to control the installation of technological equipment supplied by foreign companies;
- Students who practice programs at educational institutions in Kyrgyzstan and work outside school hours;
- Persons who work in diplomatic and consular establishments, as well as in international organizations accredited by the Kyrgyz Republic;
Foreign correspondents and journalists accredited by the Kyrgyz Republic;
- persons to whom international agreements apply other requirements concerning employment;
- ethnic Kyrgyz, who are granted the status of repatriates.
Citizens of the EU member states (Russian Federation, Republic of Kazakhstan, Republic of Belarus, Republic of Armenia) are not obliged to obtain work permits on the territory of the Kyrgyz Republic within the framework of the international agreement.
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How long are permits valid for?
Work permits for foreign managers or specialists are valid for one year with the possibility of an annual extension. Work permits for qualified foreign workers are usually valid for two years. Foreign persons registered in the Kyrgyz Republic as individual entrepreneurs may obtain a work permit for up to three years.
However, in practice, all foreigners receive a work permit for one year regardless of their position and qualifications. This practice is explained by the fact that the quota for the employment of foreign employees and employees without citizenship is approved by the Government annually.
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Can I transfer an existing permit to another employer?
Employment permits are dependent on the employer and cannot be transferred.
Foreign workers who have been granted work permits from a particular employer do not have the right to transfer them to another employer. If foreign specialists work in several companies, they must obtain a work permit for each employer.
Entrepreneurs who have permission to work may engage in business activities only in the places indicated in the application.
If entrepreneurs with a valid employment permit want to conduct business in a place not specified in their initial application, they must apply for additional authorization.
Documents for obtaining a permit to attract and use foreign labor force:
- application for the attraction and use of foreign labor force in the form (established model);
- certificate of state registration (notarized copy);
- a license for carrying out activities with the respective appendices (in case of carrying out the licensed activity).
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Documents for obtaining a work permit:
- application with personal data of a foreign employee on the form of a standard sample;
- Notarized translation of a copy of a passport of a foreign citizen with a valid visa (category I, W1) or registration;
- a copy of the diploma (notarized translation) on education (in the field of education, medicine, pharmaceuticals, and law);
- Medical certificate on blood analysis for HIV infection of international standard.
Usually, registered economic entities are limited liability companies and joint stock companies. People can also register for office branch or representative office. To start a business activity, a legal entity must be registered with the Ministry of Justice of the Kyrgyz Republic, the National Statistics Committee, and the State Tax Inspection (DPI).
Foreign investors have the same legal status as Kyrgyz investors. For registration in the Ministry of Justice of the Kyrgyz Republic, it is necessary to apply for registration and documents according to the form of the company.
